Definitions. The words defined in this Section shall have the meanings set forth below: County resident means a citizen or legal resident whose primary residence and domicile is within Prince George's County, MD. County subsidy means funds, grants, conditional loans, contracts, loans, tax abatements (including payments in lieu of taxes, knowns as PILOTs), tax credits, land transfers (if sold or transferred for consideration below fair market value), exemptions in-whole or in-part from fees or surcharges, and tax increment financing awards, received from or administered by a County agency or the County government (also including quasi-public entities established or regulated by the County Code, including, but not limited to, the Housing Authority, Redevelopment Authority, and the Revenue Authority). Net present value shall be used in calculating the value of a county subsidy. County-subsidized project means any real estate or property development or redevelopment in the County that receives a county subsidy and is developed, in whole or in part, by an entity that is not a unit of the Prince George's County Government. The application of this definition is subject to the restrictions of federal and state law. Public-private-partnerships (P3s) that receive a county subsidy are County-subsidized projects for the purposes of this Section, with the requirements of Subsection (b), below, applying to any repair, maintenance, and renovation procurement in the service or maintenance phase of such projects. Locally-owned and Operated Business is a County-based business that is also a County resident-owned business as defined in Subtitle 10A of the Code. Nondilutable County-based Business Equity Interest means an ownership interest enforced by executed contract, in the entity receiving the county subsidy for a County-subsidized project or in the County-subsidized project itself, that is owned by (i) County-based small businesses and/or (ii) individuals who are County residents, and who have been County residents for at least the immediate past thirty-six (36) consecutive months, that cannot be reduced prior to the entity's receipt of the full proceeds of the county subsidy unless in accordance with the financial terms of an agreement with a lending institution as a requirement of receiving project financing. Such an ownership interest must be treated as an equity investment in the project, afforded the same return on investment as other equity investments in the project. An ownership interest conditioned on the repayment of any debt obligation or any other condition, including, but not limited to, any condition that requires dilution or reduction of this ownership interest, is not eligible to be a Nondilutable County-based Business Equity Interest. Supplier Diversity and Equity Plan Required. For County-subsidized projects receiving a county subsidy of $1,000,000 or greater in value, but less than $5,000,000 in value, as a condition of being awarded a county subsidy, and prior to the receipt of any county subsidy, any developer of a County-subsidized project to which this Subsection applies shall submit documentation in a Supplier Diversity and Equity Plan for the county subsidized project, approved by the County MBE Compliance Manager, in consultation with the Supplier Development and Diversity Division (SDDD), demonstrating compliance with the requirements of a Supplier Diversity and Equity Plan, which shall include specific requirements for each of the following: Minimum percentage requirements, determined by the County MBE Compliance Manager, in consultation with SDDD, for utilizing County-based small businesses in the construction (including the design, demolition/site work, and building stages) of the project; Minimum goals, determined by the County MBE Compliance Manager, in consultation with SDDD, for utilizing County-based minority business enterprises in the construction (including the design, demolition/site work, and building stages) of the project; and Minimum percentage requirements, determined by the County MBE Compliance Manager, in consultation with SDDD, of total annual work hours in the construction (including the design, demolition/site work, and building stages) of the project to be worked by county residents. For County-subsidized projects receiving a county subsidy of $5,000,000 or greater in value, as a condition of being awarded a county subsidy, and prior to the receipt of any county subsidy, any developer of a County-subsidized project to which this Subsection applies shall submit documentation in a Supplier Diversity and Equity Plan for the county subsidized project, approved by the County MBE Compliance Manager, in consultation with SDDD, demonstrating compliance with the requirements of a Supplier Diversity and Equity Plan, which shall include each of the following requirements: At least thirty percent (30%) of the development costs for construction (including the design, demolition/site work, and building stages) of the County-subsidized project shall be paid to County-based small businesses and/or Locally-owned and Operated Businesses, including at least twenty percent (20%) of the design costs (in this Section, "design" includes architectural, engineering, and design work, excluding in-house design costs); Best efforts, as defined by the County MBE Compliance Manager, in consultation with SDDD, that at least twenty-five percent (25%) of the development costs for construction (including the design, demolition/site work, and building stages) of the County-subsidized project shall be paid to County-based minority business enterprises; The project prime or general contractor team for the County-subsidized project shall include one or more businesses that are County-based minority business enterprises and/or Locally-owned and Operated Businesses. For the construction (including the design, demolition/site work, and building stages) of a County-subsidized project, at least twenty-five percent (25%) of the total work hours on the project shall be worked by County residents, including at least twenty percent (20%) of the total work hours of workers in the specialty trades (defined as "specialty trade contractors" in the North American Industry Classification System (NAICS)) being worked by County residents. If the County-subsidized project includes residential ownership units and utilizes real estate listing agents, real estate appraisers, closing agents, settlement and/or title companies for the sale of one or more of the units, the primary place of business for these agents and companies shall be in Prince George's County. County-subsidized projects receiving an upfront county subsidy of $10 million or more in value, including, but not limited to, grants (including conditional loans eligible to convert to grants), tax increment financing awards, and/or land transfers (if sold or transferred for consideration below fair market value), shall comply with Paragraph (2), above, and the following: The entity receiving the county subsidy and/or the County-subsidized project shall have a Nondilutable County-based Business Equity Interest of at least ten percent (10%); or At least ten percent (10%) of the building gross square footage of the project receiving the county subsidy shall be developed by real estate developers that are County-based small businesses, County-based minority business enterprises, Locally-owned and Operated Businesses, and/or individuals who are County resident(s); or The County-subsidized project utilizes an investment program solely available to County residents and approved in advance by the County MBE Compliance Manager, in consultation with SDDD. The business entities referenced in this Subsection (Subsection b) shall have the definitions set forth in Subtitle 10A of the Code unless otherwise specified. Compliance and Enforcement. A Supplier Diversity and Equity Plan shall include a Compliance and Reporting Plan prescribing reporting and compliance requirements for projects subject to this Paragraph. At a minimum, the Compliance and Reporting Plan shall require quarterly written public reports to the County MBE Compliance Manager and SDDD on the progress of the project in meeting the requirements of this Section for the previous quarter and project-to-date and enable timely access to information determined to be necessary by the County MBE Compliance Manager, the Supplier Development and Diversity Division, and/or the County Auditor to verify compliance. The County MBE Compliance Manager, in consultation with the Supplier Development and Diversity Division, shall specify the standard required components of a Supplier Diversity and Equity Plan, including a Compliance and Reporting Plan, and any related processes to implement consideration of a Supplier Diversity and Local Equity Plan consistent with this Section. The Compliance and Reporting Plan shall also include identifying the individual certified firms paid and dollars paid to them and other relevant information as required by the County MBE Compliance Manager, in consultation with SDDD. The Supplier Diversity and Equity Plan is an enforceable agreement that shall be signed by the entity receiving the county subsidy and the County Government (or quasi-public entity, if applicable) as a condition of receiving a county subsidy and prior to approval of the Supplier Diversity and Equity Plan. Failure to comply with an approved Supplier Diversity and Equity Plan or any other provision of this Section may result in a restoration, or clawback, or withholding of the county subsidy from the receiving entity of an amount up to the equivalent value of the county subsidy, as determined by resolution of the County Council and concurrence of the County Executive, in consultation with the County MBE Compliance Manager and SDDD. This provision shall be a written condition of the Supplier Diversity and Equity Plan. At least seven (7) calendar days prior to issuing an approval of a Supplier Diversity and Equity Plan in accordance with this Section, the County MBE Compliance Manager shall provide electronic notice and copy of the proposed approval and Supplier Diversity and Equity Plan to (i) the Clerk of the Council, for distribution to the members of the County Council, and (ii) the County Executive. Such documents shall be publicly available documents. On a project by project basis, the County Council, with concurrence of the County Executive, after consultation with the County MBE Compliance Manager and SDDD, may, in writing, waive or modify the requirements of this Section for a specific project by a simple majority vote of the members of the County Council at a public meeting. The County MBE Compliance Manager, in consultation with SDDD, shall approve a submitted Supplier Diversity and Equity Plan if and only if the plan fully complies with this Section. A Supplier Diversity and Equity Plan may contain limited categories of exclusions from its requirements if they represent areas of highly technical or advanced capabilities, if approved by the County MBE Compliance Manager, in consultation with SDDD.